What was filed
The filing is Document 1 in Misc. Case No. 3:26-mc-00008-DJH, U.S. District Court for the Western District of Kentucky, Louisville Division, filed October 8, 2026 (2 pages). It is captioned In re: DMCA Section 512(h) Subpoena to Cloudflare, Inc. and titled Request to the Clerk for Issuance of Subpoena Pursuant to 17 U.S.C. 512(h). It is signed by Amy B. Berge, with Jason H. Raff also listed, of Gray Ice Higdon, PLLC, as counsel for petitioner Intrepid Brands, LLC. (Req. pp. 1 to 2.)
What the request says
The petitioners are Turning Point Brands, Inc. and its affiliated companies National Tobacco Company, L.P., Intrepid Brands, LLC, North Atlantic Operating Company, Inc., and ALP Supply Co LLC. They ask the clerk to issue a proposed subpoena to Cloudflare, Inc. to identify alleged infringers of copyrighted works under the Digital Millennium Copyright Act, 17 U.S.C. 512(h). (Req. p. 1.)
The request states that the petitioners have met the requirements of 17 U.S.C. 512(h): they attached a copy of the notification required by 17 U.S.C. 512(c)(3)(A); they filed a proposed DMCA subpoena at the same time; and they attached a sworn declaration of Anthony Johnson stating that the subpoena is sought to obtain the identity of the alleged infringers and that the information will be used only to protect the petitioners' rights under Title 17. It asks the clerk to issue and sign the subpoena expeditiously under 17 U.S.C. 512(h)(4) and return it to counsel for service. (Req. pp. 1 to 2.)
The request does not identify the copyrighted works, the websites or material at issue, or the alleged infringers. The docket lists three attachments to the request (a proposed subpoena to Cloudflare, a 289-page service package, and the sworn declaration of Anthony Johnson), and none of them is publicly available. As of October 12, 2026, the docket does not show that the clerk has issued the subpoena.